Article 1. Quotation and order

1.1. The contracts entered into between Rooftop Gaston and the customer constitute a rental of services. The commitment of Rooftop Gaston is a resource commitment.

1.2. Unless otherwise stipulated, the period of validity of our quotations is 30 days.

1.3. Any order which has not been the subject of a written offer on our part is only binding if it has been accepted by us in writing.

1.4. The signing of an order by the seller or any of his delegates, representatives or proxies, shall not constitute either an assent or a promise to sell, but only a perusal of the order and shall not deprive the seller of his right to refuse the order as hereinafter provided.

1.5. The seller is always free to refuse an order. Notice of refusal must be given to the buyer by registered mail at the latest one month before the reserved date or delivery date. Under no circumstances shall the seller be liable for compensation for such refusal. The procedure of refusal, as described above, must only be carried out if an advance payment has been made.

Article 2. Prizes

2.1. Our prices are quoted in Euro and are always exclusive of V.A.T. Any increase in the V.A.T. rate or any other tax of any kind between the order and the execution will be at the buyer's expense.

2.2. Unless otherwise stipulated, prices may change due to increases in purchase prices, salaries, social and fiscal charges, as well as any other objectively measurable circumstance.

Article 3. Advance and compensation for cancellation

3.1. When using catering services in a room that does not belong to us or when fixing a catering event or party in one of our halls or salons, the buyer undertakes to pay an advance.

3.1.1. Following confirmation of the event, an advance invoice in the amount of 25% of the total estimated price will be issued.

3.1.2. A second advance invoice in the amount of 50% of the total estimated price shall be issued no later than one month before the date of the event.

3.1.3. Upon completion of the event, a final invoice will be issued for the remaining balance, taking into account any additional or lesser charges.

3.1.4. All advance invoices shall be paid within the time limit specified in Article 5.1.

3.1.5. If the customer fails to pay the advance invoices within the stipulated deadlines, Rooftop Gaston reserves the right to suspend or cancel the execution of the contract, in accordance with Article 7.

3.2. Any cancellation of the order must be in writing. It is valid only mist written acceptance by Rooftop Gaston.

3.3. In the event of cancellation of the party or event for any reason, the deposit paid will not be refunded under any circumstances. Except for the case where the seller can rebook a similar party in the hall or salon reserved by the buyer, in case of cancellation, the buyer will also have to pay a compensation equal to 20% of the estimated value of the party or event to be arranged. If the cancellation occurs during the 14 days preceding the reserved date, 80% of the estimated value of the party to be furnished shall be payable.

3.4. If, after transmission of the order and its acceptance, the catering service ordered is waived by the buyer, for whatever reason, the advance paid will not be refunded under any circumstances. The costs already incurred to accomplish the catering service ordered (rental equipment, personnel costs, etc.) must also be compensated, which are in addition to and above the advance paid, which - as described above - will not be refunded.

3.5 In the event of cancellation due to force majeure (e.g. pandemic), the above cancellation conditions shall lapse and the following conditions shall apply:
- Relocation of the event may be free of charge, provided the caterer is notified of the relocation 15 days prior to the event. The advance payment will then be carried over to the new date. If the new date is further ahead than the connecting year, the deposit may be refunded, if desired. In case of complete cancellation of the event less than 2 weeks before the scheduled date, 500,00€ project and opportunity cost will be charged. The advance already paid will be refunded.

Article 4: Liability

4.1. The buyer is liable for any damage caused to the building, the garden, and all goods located in the building or garden as a result of errors or imprudences committed by himself or his guests.

4.2. The seller is not liable for accidents and/or damages or theft that would occur in the parking lot, in the building or checkroom, by to or from the guests of the party furnished by the buyers.

Article 5. Payment

5.1. Invoices (including advance invoices) are payable at the registered office no later than 15 days after the invoice date.

5.2. If the invoice is not paid by its due date, interest of 1% per month shall become payable by operation of law and without notice of default, each month commenced counting in full.

5.3. Any non-payment of an invoice on the due date shall entail the claimability of the invoices issued at that time on behalf of the same buyer.

5.4. In the event of late payment, a lump-sum compensation of 10% on the principal amount to cover the extrajudicial collection costs caused by the non-payment shall be due ipso jure and without notice of default, in addition to default interest, with a minimum of €125.00 and a maximum of €1.850.00, without prejudice to the creditor's right to claim compensation for the judicial recovery costs caused by the non-payment and without prejudice to the creditor's right to claim compensation for other items of damage not merely caused by the non-payment

5.5 If multiple invoices need to be made, there will be a charge of €25.00 per additional invoice.

Article 6. Acceptance

6.1. Any invoice must be protested within a period of 10 days, otherwise it shall be deemed accepted.

6.2. Complaints or objections regarding the quality and quantity of the goods must reach us by registered letter within 8 days of delivery in order to be taken into consideration.

6.3. Current terms and conditions of sale are an integral part of the agreement. The tacit acceptance of the order form and/or invoice shall constitute acceptance of our (sales) conditions.

Article 7. Dissolution of the agreement

7.1. The seller is entitled to terminate the contract by simple registered notice to the customer / buyer, if the latter fails to fulfill one of his contractual obligations, in particular if he fails to pay the advance invoices within the period provided for in article 5.1., if he fails to pay an invoice for more than 30 days, or if it appears that he will not or is unlikely to fulfill one of his obligations, even if this obligation is not yet due.

7.2. Upon dissolution of the contract in application of the first paragraph, the customer/buyer will be liable for damages equal to 15 % of the price.

7.3. In case of cancellation by the buyer, the provisions as described in Art. 3 shall apply.

7.4. If the seller fails to fulfill its obligations, it undertakes to compensate the buyer in the same manner as stipulated above.

7.5. However, when extraordinary circumstances occur, the seller is entitled to cancel all or part of the contract without being liable to pay compensation to the buyer. These extraordinary circumstances may include disasters, strikes and force majeure.

Article 8. Material

The equipment (tables, chairs, tableware...) will be delivered to the customer in perfect condition. The customer undertakes to notify Rooftop Gaston of any visible defect at the time of acceptance. The customer undertakes to leave the equipment in the same perfect condition at the end of delivery as when it was received. Any damage resulting from the improper use of the material by the
customer will give rise to indemnification by the customer.

Article 9. Authority

9.1. This agreement is governed by Belgian law.

9.2. Only the courts of the jurisdiction of Ghent and the Vredegerecht van eerste kanton Ghent are competent, without prejudice to our right to sue before the courts of the domicile of the customer / buyer.